Part II PROVISIONS FOR FACILITATING OR SECURING THE DRAINAGE OF LAND

Restoration and improvement of ditches

30 Authorisation of drainage works in connection with a ditch.

1

Where the drainage of any land requires—

a

the carrying out of any work in connection with a ditch passing through other land;

b

the replacement or construction of such a ditch; or

c

the alteration or removal of any drainage work in connection with such a ditch,

theF2appropriate tribunal, on the application of the owner or occupier of the first-mentioned land, may if they think fit make an order under this section.

2

An order under this section is an order authorising the applicant for the order—

a

for the purpose mentioned in subsection (1) above, to carry out such work as may be specified in the order; and

b

so far as may be necessary for that purpose, to enter any land so specified.

3

Subsections (3) to (7) of section 29 above shall apply in relation to the powers conferred by virtue of an order under this section as they apply in relation to the powers conferred by virtue of that section.

4

In this section “ditch” has the same meaning as in section 28 above.

F15

For the purposes of subsection (1), “appropriate tribunal” means—

a

where the land is in England, the First-tier Tribunal; and

b

where the land is in Wales, the Agricultural Land Tribunal.